Ballinger v. State

I am unable to accept the holding of the majority that the so-called supplemental' instruction relating to the manner in which the jury should proceed in its deliberations with respect to the lesser included offenses-was not prejudicial to the defendant.

It is well recognized that care must be exercised by the trial judge to refrain from making any statement or giving any directive to the jury that might tend to-coerce jurors into surrendering their individual conscientious views. Jenkins v. United States, 380 U.S. 445, 85 S.Ct. 1059, 1060, 13 L.Ed.2d 957; Abbott v. Commonwealth, Ky.App., 352…